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Annual Leave Increment

&bh
Member
Thu, 16 Jan 2020 10:27:43 PM  (Last updated: Thu, 30 Jan 2020 04:31:35 PM)

Hi, 

The contract state as below:
Between 1 to 5 years' of service: 12 days
Between 5 to 10 years' of service: 14 days
10 years and above: 16 days

Background:
Join date is 3.2.2015
Year 2015, I got 10 days AL
Year 2016-2019, 12 days

Basically, by 3rd Feb 2020 I will completed 5 years of continuous service.
2020 is my 6th year

1) When I am entitled for 14 days AL? Starting year 2020 or year 2021?

Company said I only entitled for 14 days AL starting 1st Jan 2021. Is this correct based on what's written in the contract? 

2) For year 2020, how many days I am actually entitled to?

3) What are the period covered in the statement,
"Between 1 to 5 years' of service" and
"Between 5 to 10 years' of service"

From my understanding, between 1 to 5 years' of service should be 3.2.2015 until 3.2.2020
And between 5 to 10 years'of service is 3.2.2020 until 3.2.2025. Is this correct? 

Thank you! 

Gon
Contributor
Thu, 30 Jan 2020 04:31:35 PM

From my side, i would calculate 

First Year : 12 day AL/365x331=10.88 should rounded to 11 day...u lost 1 day here

Under 60E. = any fraction of a day of annual leave so calculated which is less than one-half of a day shall be disregarded, and where 62 Laws of Malaysia ACT 265 the fraction of a day is one-half or more it shall be deemed to be one day; 

For year 2020

My calculation will be

(12 day AL/365x34) + (14 day AL/365x331) = 1 + 13 = 14 days.

Anyway, after 5 year working, it should be generally 16 days

Refer below :

If You covered under EA, 60E. (1) An employee shall be entitled to paid annual leave of—

(a) eight days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of less than two years;

(b) twelve days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of two years or more but less than five years; and

(c) sixteen days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of five years or more,